The High Court of Karnataka has granted bail to Mohan Nayak N, the 11th accused in the case of journalist Gauri Lankesh's murder in Bengaluru.
The allegation against Nayak was that "he had conspired with the other accused persons to commit the murder of deceased Gauri Lankesh and in furtherance of such conspiracy, he had taken a house for rent at Ramanagara in an isolated place and had given shelter in the said house to accused number 2 & 3 who are the actual assailants in the present case."
Justice S Vishwajith Shetty, presiding over a single-judge bench, granted bail to Mohan Nayak N, making him the first accused in journalist Gauri Lankesh's case to secure bail.
Nayak's bail was partly attributed to the trial's prolonged delay, among other grounds considered by the court.
"In the present case, out of 527 charge sheet witnesses, only 90 witnesses have been examined. This Court on 11.02.2019 directed the Trial Court to expedite the trial. Though charges were framed in the present case on 30.10.2021, for the last more than two years, only 90 witnesses have been examined. There are more than 400 charge sheet witnesses who are yet to be examined in the case.
The High Court's judgment highlighted that with only 90 witnesses examined over the span of more than two years and the possibility that not all witnesses mentioned in the charge sheet might be examined, it's reasonable to presume that the trial may not conclude anytime soon.
Nayak is in custody since July 18, 2018.
Considering the delay, the HC said, "Petitioner has been in custody for the last more than five years. Though Section 22(4) of COCA provides for certain rigors for enlarging the accused on bail as against whom charges are made for the offences punishable under the COCA, the same cannot fetter the powers of this Court to enlarge the accused on bail when there is undue delay in trial and the material on record would go to show that the trial may not be completed any time soon."
"From a perusal of the order sheet maintained by the Trial Court in Spl.CC.No.872/2018, it is seen that delay in trial cannot be attributed to the accused," it said granting him bail.
Nayak faces charges under several sections of the Indian Penal Code (IPC) - 302 (murder), 120B (criminal conspiracy), 118 (concealing a design to commit an offense), 203 (giving false information respecting an offense committed), and 35 (acts done with a criminal intention jointly by several persons). Additionally, he is charged under Sections 25(1) and 27(1) of the Indian Arms Act, 1959, and Sections 3(1)(i), 3(2), 3(3), and 3(4) of the Karnataka Control of Organized Crimes Act, 2000 (COCA).
His earlier bail plea before the HC was rejected.
In the current petition, Nayak's advocate had argued that "Out of 23 charge sheet witnesses who have spoken about the role of the petitioner in the crime, only one witness has been examined before the Trial Court till date. The other 22 witnesses are yet to be examined."
Gauri Lankesh was tragically murdered by individuals riding a motorcycle outside her Bengaluru residence on September 5, 2017. Following the incident, the police apprehended a total of 17 individuals in relation to the case. Law enforcement asserts a connection between Gauri's murder and the killings of Kannada writer M M Kalburgi, as well as those of Govind Pansare and Narendra Dabholkar in Maharashtra.
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